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M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
.... surrender before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ......Artha Rin Adalat Ain, 2003 were not complied with. 4. Mr. Asad Hossain Chowdhury, the learned advocate appearing for the respondent No.1 has submitted that attempts were made to sell the mortgaged property in auction and since those attempts could not be successful for non-coming of any bidder th..Category: Civil Law | Date: | Hits: 69
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......fendant-petitioner Abdur Razzak as plaintiff laid a suit being Title Suit No.136 of 1959 in the First Court of Munsif at Comilla seeking following reliefs: i. Declaration of Rayati title on suit property described in second schedule to plaint and, also, for confirmation of possession therein. ..Category: Property Law | Date: | Hits: 69
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... imprisonment for life. Since the basic theme and the relief craved in all these petitions are identical, they are taken up for adjudication as a lump. 3. Professor M. Anwar Hossain, an eminent personality in our academic horizon, endowed with exquisite academic achievements gained from variou......া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 154
Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....uit in the representative capacity, the suit could not be treated as one of representative character. Some vital points are involved in this rule; they are whether the suit has been instituted in the personal capacity of deceased Shri Piyush Kanti Ghose and secondly, whether if the suit is institute......plaintiff. 2. Appellant "Amarbati Natya Mandir" instituted Other Class Suit No. 41 of 2001 through its secretary Shri Piyush Kanti Ghose against the respondent for declaration of title in the suit property mentioned in the schedule to the plaint. The secretary of the plaintiff died on 25th March ..Category: Civil Law | Date: | Hits: 104
Agrani Bank Vs. Orbit Enterprise Ltd and another, 2009, 38 CLC (HCD)
....it at the rate of 15% per annum till realization. Send down the LC record at once. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 710. ....... 2. On 23rd January 1988 appellant Agrani Bank as plaintiff instituted Title Suit No. 17 of 1988 before the Subordinate Judge Dhaka against the respondents for recovery of money after selling the property mortgaged with the plaintiff Bank. 3. Plaint case, in short, is that plaintiff-bank on 3..Category: Civil Law | Date: | Hits: 95
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
.... the knowledge and consent of the plaintiffs the defendants have allowed others to display their sign board over the tenanted suit room. The suit room is now bona fide required by the plaintiff for personal use and occupation to accommodate their family members. Plaintiffs through their Advocate i......body of the Code as relates to- (i) suits excepted from the cognizance of a Court of Small Causes; (ii) the execution of decrees in such suits; (iii) The execution of decrees against immovable property; and (b) the following sections, that is to say,- Section 9. Section 91 and 92, ..Category: Civil Law | Date: | Hits: 94
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
.... guilt. Taking into consideration all circumstances. I am of the opinion that Baboo Ram Gupta cannot be convicted of an offence under section 6, Explosive Substance Act of 1908, even assuming that he personally arranged with Kailash Patti and others for the supply of chemicals and at that time he su......eged to have supplied materials for manufacturing explosive substances with the knowledge that explosive substances were to be manufactured with intent to endanger life or cause serious injury to the property in British India JAI LAL, J. held: Section 6, Explosive Substances Act of 1908, provides..Category: Criminal Law | Date: | Hits: 83
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......Jumu Sheik. The said Mokdom Ali Sheik and Jomu Sheik were the sons of Basharat Sheik. The Plaintiff-Appellant-Opposite parties by filing Partition Suit on 3.2.1999, alleged inter-alia that the landed property within Mouja Surujgonj, under District and Police Station Tangail comprised in C.S. Khatian..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
.... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ...... recorded in the name of Satinath Bandapaddhaya. It is also undisputed that the Mouza Tejkunipara is now known as Mouza- Tejgaon Shilpa Elaka. 24. It is the case of the petitioners that the case property was sold in auction in certificate case No.131/1930-31 and Promode Bala wife of Satinath Ba..Category: Property Law | Date: | Hits: 115
....tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
......r of the defendant Nos. 1-6 are forged, collusive, illegal and created by false personification and as such the same are in effective and not binding upon the plaintiffs and also for partition of the property as given in 'Ka', 'Kha' and 'Ga' schedule of the plaint stating, inter alia, that the suit ..
Category: Property Law | Date: | Hits: 66
....ischarged without any order as to cost.
The order of stay stands vacated.
Communicate the judgment to respondent No.2 at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 359.
......d execution case was renumbered as Artha Jari case No.488 of 2003 before the Artha Rin Adalat No.2 Dhaka.
4. During the execution proceeding 1st attempt was taken for auction sale of the mortgaged property under Section 33(1) of the Artha Rin Ain 2003 by publishing notice in the daily "Janakontho..
Category: Civil Law | Date: | Hits: 85
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....lity of entering into a tripartite agreement in respect of the loan amount amongst bank, the respondents and Siemens and that is why in addition of taking colateral security by way of mortgage of the personal property of the Chairman and Director of Contech Ltd. they also insisted upon the responden......ted against the judgment and order dated 30.11.2004 passed by the learned Joint District Judge, Dhaka, in Title Suit No.227 of 2004 passing an order to maintain status quo in respect of the mortgaged property of the defendant-respondents till the disposal of the suit. 2. The relevant facts in sho..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ......is order on the ground that if this land be delivered to respondent No. 6 this would encroach their purchased land and this being violatative of fundamental right granted to a citizen for maintaining property under the Constitution, obtained this Rule. 3. It is also stated in the writ petition th..Category: Property Law | Date: | Hits: 69
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ......that on 12-10-1998, he for the first time came to know about the disputed deed and accordingly, filed the suit on 29-11-1998. Article 44 of the Limitation Act provides for setting aside a transfer of property by guardian of the minor which reads as follows: "By a ward that has attained majority, ..Category: Procedural Law | Date: | Hits: 69
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
.... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ......ossain filed Other Class Suit 22 of 1987 in the Court of Munsif, Shahzadpur, Serajganj for permanent injunction on the averments that Dilruba Cinema Hall is located at Shahzadpur town on the paternal property of the plaintiff. His only sister having delegated authority to the plaintiff he has been p..Category: Procedural Law | Date: | Hits: 82
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ...... No. LIV of 1985, the decision made by the Court of Settlement is final and is binding on both the parties. The decision of the Court of Settlement declaring the disputed house as not being abandoned property and excluding the disputed house from the 'Ka' list of abandoned property is sufficient rel..Category: Property Law | Date: | Hits: 77
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....0. Environmentalist recalled many of the 78 canals that once criss-crossed through the historic Dhaka City, now only live in the memory of senior citizens as land grabbers virtually took them all for personal gains. 11. One can see the unmistakable impact of the grabbing, they said, whenever the ......নী আইনের ‘৫৩ সি’, উল্লেখ করা হইল, যাহা নিম্নরুপঃ- 53C. Immovable Property without khatian not to be sold.- No immovable property shall be sold by a person unless his name, if he is the owner of the property otherwise tha..Category: Constitutional Law | Date: | Hits: 642
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
....ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ......, the loan money along with interest. 3. The learned District Judge, Chuadanga by the ex parte judgment and order dated 22.09.2003 allowed the said Miscellaneous Case giving permission to sale the property described in the schedule to the petition for realization of the outstanding loan money amo..Category: Civil Law | Date: | Hits: 276
Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)
....anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ......lainant and, as such, question of commission of criminal breach of trust did not arise. It is further submitted that there is no allegation of deception or inducement of delivering the alleged money (property) to the accused persons by the complainant to attract the offence of cheating. Thus, it is ..Category: Employment/Service Law | Date: | Hits: 238
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ......ying its judicial mind issued certificate under section 33(7) of the Ain, 2003 at the time of passing the impugned judgment in favour of plaintiff bank and thereby adjusted the value of the mortgaged property of the borrower with the decreetal amount which should be declared illegal, without jurisdi..Category: Civil Law | Date: | Hits: 254
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